78R8072 MCK-D
By: Solis H.B. No. 2750
A BILL TO BE ENTITLED
AN ACT
relating to the creation and funding of the child support oversight
council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 5, Family Code, is amended by
adding Chapter 237 to read as follows:
CHAPTER 237. CHILD SUPPORT OVERSIGHT COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 237.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the Child
Support Oversight Council.
(2) "Council" means the Child Support Oversight
Council.
(3) "Executive director" means the executive director
of the council.
Sec. 237.002. APPLICATION OF SUNSET ACT. The council is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the council is
abolished and this chapter expires September 1, 2015.
Sec. 237.003. COUNCIL FUNDING. The council is funded
through the assessment of the annual administrative fee collected
on each child support order rendered by a court under Section
154.014.
[Sections 237.004-237.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 237.051. BOARD OF DIRECTORS. (a) The council is
governed by a board of directors that consists of:
(1) three senators, appointed by the lieutenant
governor;
(2) three members of the house of representatives,
appointed by the speaker of the house of representatives; and
(3) the director of the attorney general's child
support division.
(b) A member of the board may not receive compensation for
serving on the board but is entitled to reimbursement for actual and
necessary expenses incurred by the member in performing functions
as a board member, as provided by the General Appropriations Act.
(c) A member of the board is not liable in a civil action for
an act performed in good faith in executing duties as a board
member.
Sec. 237.052. CONFLICT OF INTEREST. A person may not be a
member of the board or act as the general counsel to the board or the
council if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the attorney general's child support division.
Sec. 237.053. SERVICE AT-WILL; VACANCY. (a) A person
appointed to the board serves at the will of the appointing state
officer or agency.
(b) If a vacancy occurs on the board, the appointing officer
or agency shall appoint a replacement who meets the qualifications
of the vacated office.
Sec. 237.054. PRESIDING OFFICERS. (a) The council shall
have a presiding officer and assistant presiding officer, who shall
serve in that capacity for a period of two years. The lieutenant
governor and the speaker of the house of representatives shall
alternate the designation of the presiding officer and assistant
presiding officer, with the lieutenant governor designating the
first presiding officer and the speaker the first assistant
presiding officer.
(b) The terms as presiding officer and assistant presiding
officer expire on February 1 of each even-numbered year. The
presiding officer and assistant presiding officer may vote on all
matters before the board.
Sec. 237.055. MEETINGS. The board shall meet as necessary
at the call of the presiding officer.
Sec. 237.056. DIVISION OF POLICY AND MANAGEMENT
RESPONSIBILITIES. The board shall develop and implement policies
that clearly separate the policymaking responsibilities of the
board and the management responsibilities of the executive director
and the staff of the council.
[Sections 237.057-237.100 reserved for expansion]
SUBCHAPTER C. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
Sec. 237.101. EXECUTIVE DIRECTOR; PERSONNEL. (a) The
board shall employ an executive director, who shall administer the
council in accordance with board policies. The executive director
serves at the will of the board.
(b) The executive director shall hire personnel as
necessary to accomplish the objectives of the council and may
delegate powers and duties to council personnel as necessary.
Sec. 237.102. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
The executive director shall prepare and maintain a written policy
statement to assure implementation of a program of equal employment
opportunity under which all personnel transactions are made without
regard to race, color, disability, sex, religion, age, or national
origin. The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with the requirements
of Chapter 21, Labor Code;
(2) a comprehensive analysis of the council workforce
that meets federal and state guidelines;
(3) procedures by which a determination can be made
about the extent of underuse in the council workforce of all persons
for whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those
areas of underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated at least annually;
(3) be reviewed by the Commission on Human Rights for
compliance with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(b). The report may be made separately or as a part of other
biennial reports made to the legislature.
Sec. 237.103. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The council shall provide its members and employees,
as often as necessary, information regarding their:
(1) qualification for office or employment under this
chapter; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
[Sections 237.104-237.150 reserved for expansion]
SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
Sec. 237.151. PUBLIC INTEREST INFORMATION. (a) The
council shall prepare information of public interest describing the
functions of the council and the procedures by which complaints are
filed with and resolved by the council.
(b) The council shall make the information available to the
public and appropriate state agencies.
Sec. 237.152. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the council.
(b) The board shall comply with federal and state laws
related to program and facility accessibility.
(c) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the council's programs and services.
Sec. 237.153. RECORD OF COMPLAINTS. (a) The council shall
keep information about each written complaint filed with the
council. The information shall include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for complaints for which the council took no
action, an explanation of the reason the complaint was closed
without action.
(b) For each written complaint filed with the council that
the council has authority to resolve, the council shall provide to
the person filing the complaint and the person about whom the
complaint is filed information about the council's policies and
procedures relating to complaint investigation and resolution. The
council, at least quarterly and until final disposition of the
complaint, shall notify those persons of the status of the
complaint unless the notice would jeopardize an undercover
investigation.
[Sections 237.154-237.200 reserved for expansion]
SUBCHAPTER E. POWERS AND DUTIES
Sec. 237.201. GENERAL POWERS AND DUTIES OF COUNCIL. (a)
The council is an advisory body to the attorney general. The
council shall be operated in a manner that ensures that its
research, findings, and conclusions are factual, fair, and
unbiased.
(b) The council shall conduct professional studies and
research related to:
(1) the collection of child support; and
(2) other matters relevant to the cost, quality, and
operational effectiveness of the child support system.
(c) The council shall identify, collect, maintain, and
analyze the key information required to assess the operational
effectiveness of the child support system. The council shall
provide the information obtained under this subsection to the
governor and the legislature on a quarterly basis.
(d) The council, with the approval of the board, may apply
for and spend federal funds to implement this chapter.
Sec. 237.202. GENERAL POWERS AND DUTIES OF BOARD. (a) The
board shall:
(1) approve the operating budget of the council;
(2) adopt rules for the operations of the board and the
council;
(3) conduct professional studies and research on all
matters relevant to the cost, quality, and operational
effectiveness of the child support system;
(4) hold regular public hearings and receive testimony
and reports from any person involved in the child support system;
and
(5) review specific recommendations for legislation
relating to the child support.
(b) The board shall report to the governor, lieutenant
governor, and speaker of the house of representatives not later
than December 31 of each even-numbered year. The report must
include:
(1) informaton on the activities of the council;
(2) identification of any problems in the child
support system, with recommendations for regulatory and
legislative action based on research or testimony; and
(3) the status of the effectiveness of the child
support system and recommendations for any additional necessary
research.
(c) The board shall publish and disseminate its studies to
interested persons and may determine charges for the publications
as necessary to achieve optimal dissemination.
(d) The board may:
(1) delegate powers to the executive director as it
considers appropriate, including general guidance on the
identification of information needs and the conduct of research;
(2) contract with other persons, including
institutions of higher education, for conducting economical
studies of high quality for the council;
(3) contract with the attorney general for fiscal,
personnel, or other support functions; and
(4) appoint expert advisory committees to provide
technical assistance in conducting research.
Sec. 237.203. RESEARCH AGENDA. (a) The executive director
annually shall prepare a research agenda for board review and
approval.
(b) The board shall publish annually in the Texas Register a
proposed research agenda and shall distribute the proposed agenda
to educational institutions in this state that have a demonstrated
research capacity.
(c) The board shall accept public comments on the proposed
agenda and shall conduct a public hearing on the agenda if a hearing
is requested by interested persons.
Sec. 237.204. APPROPRIATIONS REQUEST. The executive
director shall prepare a request for legislative appropriations for
the operations of the council. If the request is approved by the
board, the board shall submit the request to the attorney general.
The attorney general shall include the request in the attorney
general's legislative appropriations request.
SECTION 2. Subchapter A, Chapter 154, Family Code, is
amended by adding Section 154.014 to read as follows:
Sec. 154.014. FEE FOR CHILD SUPPORT OVERSIGHT COUNCIL.
Each child support obligor shall pay a $1 annual administrative fee
to be paid to the clerk of the court having continuing jurisdiction.
The fees collected under this section shall be forwarded to the
comptroller for deposit in a special account to be used for the
operation of the council.
SECTION 3. This Act takes effect September 1, 2003.